Burns v. Gazda

Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J), entered June 30, 2003. The order denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiff commenced this action against defendant, the owner of the premises where she slipped and fell. At the time, she was working as a waitress and was approaching a staircase, holding a coffee cup in one hand and a…